The pharmaceutical manufacturer's duty to warn, a comparative study between German and Canadian pharmaceutical products liability laws

Abstract:

This thesis presents a comparative analysis of the pharmaceutical manufacturer's duty to instruct the public about inherent product risks, based on German and Canadian liability laws. It shows the development of the case law, as well as the legal and procedural difficulties involved in litigation in both legal systems, by identifying which information the pharmaceutical manufacturer must disclose and showing how to present this to the medical profession and in particular to the consumer, in order to meet requirements and expectations imposed by law, in order to enhance public health and to avoid liability claims. (Abstract shortened by UMI.)